In Friday’s Spell v. Edwards , Judge Brian A. Jackson (M.D. La.), rejected an argument that Louisiana Gov. John Bel Edwards’ shutdown order (which limited indoor church gatherings, among other gatherings, to at most 10 people) violated the Free Exercise Clause. But the court also suggested that an exemption specifically targeted to church worship services—which some other states have indeed implemented—would actually violate the Establishment Clause: At the core of their argument, Plaintiffs submit that their congregation "is a large assembly of more than 2,000 individuals" whose religious beliefs require them to assemble for church in person. Additionally, Plaintiff Spell avers that he is imbued with a "duty to lay hands on the sick and pray for them so that they may become well," which, along with holy communion and the love offering, would lose meaning absent a public gathering…. In determining "the framework governing emergency public health measures," the United States Court of Appeals for the Fifth Circuit has looked to the Supreme Court’s decision in Jacobson v. Massachusetts (1905). See In re Abbott (5th Cir. 2020). Indeed, the Supreme Court has long recognized that "liberty secured by the Constitution" is not absolute in the face of an […]
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